Sunil Vishnu Desai vs Sakshi Sunil Desai And Anr
2023 Latest Caselaw 2918 Bom

                                                              32-WP-36-2023.2.doc




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 36 OF 2023


Sunil Vishnu Desai                                   ...       Petitioner
      Versus
Sakshi Sunil Desai And Anr.                          ...       Respondents

                                .....
Ms. Nirmala Gopal, for the Petitioner.

                                           .....

                                CORAM : PRITHVIRAJ K. CHAVAN, J.

                                 DATED : 24th MARCH, 2023.
P.C.

         Challenge in this writ petition is an impugned common

judgment and order passed by the Family Court, Bandra in Petition

Nos. E-188 of 2014 and A-1908 of 2014. The operative part of the

judgment reads thus;

                                       ORDER

1. Petition E-188-2014 stands allowed.

2. Respondent is directed to provide maintenance of Rs.15,000/- per month for wife and Rs.8,000/- for daughter under section 125 of The Criminal Procedure Code.

3. The order shall take effect from the date of filing of this petition i.e. 17.05.2014.

Rekha Patil 1 of 3

32-WP-36-2023.2.doc

4. Maintenance paid during pendency (if any) to the petitioner, stand adjusted to above claim.

5. Respondent shall remit maintenance directly in the bank account of the petitioner.

6. Respondent shall clear arrears as on today in 6 th equal monthly installment. First EMI will fall on 15th April, 2021 and last will fall on 15 th September, 2021.

7. Petition No. A-1908-2014 for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act stands allowed.

8. Respondent is directed to resume conjugal company of petitioner by taking wife and the child to the matrimonial home.

9. Decree under Sec. 9 of The Hindu Marriage Act be drawn accordingly.

10.The judgment is dictated and declared in open court.

11.The judgment is explained both the parties in open Court.

2 Upon being asked, the learned Counsel for the petitioner

submits that the petitioner has challenged the judgment and decree

for restitution of conjugal rights passed by the Family Court under

Section 9 of the Hindu Marriage Act.

3        As regards the arrears of maintenance, it is directed that the



     Rekha Patil                                                              2 of 3


                                                      32-WP-36-2023.2.doc

petitioner shall deposit 50% of the arrears in this Court within six

weeks from the date of passing of this order.

4 The petitioner, who is present before the Court, undertakes

to deposit Rs. 5 lakhs in this Court within one week from today.

Statement is accepted.

5 Upon depositing the said amount, there shall be stay to the

execution of the impugned order seeking recovery of the arrears of

amount of maintenance.

6 The petitioner, thereafter deposit 50% of the arrears within

six weeks after depositing Rs. 5 lakh as above. If he fails to deposit

such arrears, the stay shall stand vacated automatically on the date

of expiry of six weeks.

7        List on 5th June, 2023.



                                   [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                       3 of 3